November 17, 1997

The Town Council of the Town of Easton met today at 7:00 P.M. The meeting was called to order by the President, Mr. Willey, with the following members present: Mr. Ford, Mr. Mayer, Mrs. Clem and Mr. Heinmuller. Also attending the meeting were the Mayor, Chief of Police, Col. Chase, Assistant Town Attorney Stephen Kehoe, Town Engineer Mr. Grunden, Assistant Town Engineer Mr. Lineberry and the Town Planner.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, minutes of the November 3, 1997 meeting were approved as written.

Mr. Don Clark of Clark's Gymnastics & Dance Center was present. He discussed the Gymnastics team traveling to Cheltenham England as well as the team from Cheltenham visiting Easton in August. Mr. Clark discussed the Proclamation which had been presented from the Mayor and stated that they had also presented to Cheltenham a letter from the Governor. Mr. Clark stated that he had a letter for the Mayor and Council from the Lord Mayor of Cheltenham. He read the letter and presented it to the Mayor. The Mayor thanked Mr. Clark.

The President of the Council, Mr. Willey, invited the youth group from First Baptist Church to come before the Council. The President of the Council read a Proclamation from the Mayor in honor of the group called EZRA. Introductions followed. The pastor described EZRA and the program.

Mr. Brian Johnson of 101 Federal Street was present. He played a tape of Thursday morning at 7:30 A.M. with a circular saw disturbing the peace in the neighborhood. He stated that he has had this noise since August. He was surprised to find that there was no noise ordinance and he thought this was unreasonable to have to wake to that type of noise at 7:00 A.M. He discussed having to work all night and asked the Council to consider a noise ordinance. Mr. Johnson discussed possible exceptions if the ordinance is passed. He suggested that noise be prohibited from 9:00 P.M. to 9:00 A.M. He thanked the Council.

The President of the Council asked for Council questions.

Mr. Ford questioned what time this typically occurred. Mr. Johnson stated that this was 7:00 A.M. typically and discussed the matter.

Mrs. Clem discussed difficulties in attempts to work within hours due to heat, etcetera, in the case of contractors.

The President of the Council thanked Mr. Johnson for attending.

Ms. Monica Lindsey and Ms. Sandra Clark were present from All God's Children. They stated that they were opening a soup kitchen to feed hungry and homeless people. They feel that a place is needed for the homeless. They asked for help with their needs. They discussed observing a man eating out of a trash can and discussed donations received. They stated that they believe this is a community need. They stated that they are in need of plumbing, insurance and utilities. They thanked the Town Council.

Mr. Mayer questioned the location of their program. Ms. Lindsey stated that it would be located at 34 West Street.

The President of the Council questioned if this was for meals only. He was answered that this was correct.

Ms. Lindsey stated that Mr. Gregory Webb had donated use of the building. She stated that they are currently in the process of getting their tax identification and their incorporation. Mr. Ford questioned requirements of the state for food. Ms. Lindsey discussed whether the food was for personal gains, etcetera, which in this case she said was not. She stated that all will be free to eat there. She again, discussed donations.

Mrs. Clem questioned whether they had been to the Health Department. Ms. Lindsey stated that they had contacted the Health Department and this activity was for the community as a non-profit organization. Mrs. Clem discussed state food handling requirements.

Mr. Ford also discussed additional food handling requirements by the State of Maryland. Mrs. Clem questioned how many days they planned to be open. Ms. Lindsey stated that they are hoping to be opened every day for breakfast and lunch. She discussed donations.

Mrs. Clem suggested contacting Bea Gaddy in Baltimore for tips on how she got started.

Mr. Ford stated that other than the public effort, outlining the specific needs, what do they look for from the Town? Ms. Lindsey stated that they need insurance and that they are trying to raise money. She stated that they need a plumber and utilities. Ms. Lindsey stated that the building and other things would be free of charge. The President of the Council stated that the Council will respond in the future and we may have some names of people who could donate food. Ms. Lindsey thanked the Council.

At 7:28 P.M., the President of the Council opened the Public Hearing on the request of CSA Enterprises, Inc. for an Amendment to the Zoning Classification of a 5.8 acre tract within the Waylands Subdivision presently zoned R-10A. The request is to change the Planned Unit Development for thirty-six townhouse units.

The President of the Council discussed the procedure for Public Hearings. The Town Planner briefed those present on the location and the activity. He discussed the plans. He stated that the R-10A zoning allows five units per acre or 29 units. He stated that the PUD allows up to eight units per acre. The Town Planner discussed requests and adjustments to arrive at the present state of the plan. He stated that he believes it is a good project.

Mr. Bill Stagg, representing the applicant, discussed an air photo and displayed the location of the subdivision. He discussed the road which is proposed and the tie-in to the road that this design entails. Mr. Stagg stated that this PUD is highly unusual and displayed site plans and discussed this. He stated that they are proposing 36 to 40 units. He discussed flexibility which is requested until the final number is determined. He discussed traffic tie-ins and the appearance factors as well as buffers. Mr. Stagg discussed the neighborhood park and pedestrian access. He discussed storm water run off infrastructure and stated that this is a cohesive plan. Mr. Stagg stated that he has larger site plans available and he discussed the concept which he terms fairly straight forward and typical for PUDs. He stated that this is designed around a parking court and discussed easy access. Mr. Stagg discussed landscaping and screening as well as displaying an architectural drawing.

The Town Attorney, Mr. Kehoe, arrived at 7:39 P.M.

Mr. Stagg discussed the findings which where required under the law to allow the rezoning. He stated that he believes this project meets the test. He discussed how he believes these tests were met and asked for questions.

The President of the Council questioned part of the buffer. Mr. Stagg discussed that and offered to add additional buffering if necessary. Mrs. Clem asked for a review of the parking description; particularly that portion not being assigned. Mr. Stagg stated that it could be assigned except for the rear of the project. He discussed how this could be handled. He discussed the all surface parking which is deeper than required. Mrs. Clem discussed needs for parking such as that by mothers with children or elderly. She stated that she thinks that at least one assigned space would be good. Mr. Mayer questioned where garbage would be collected. Mr. Stagg stated that he was hoping that it would be collected on the street and discussed the areas possible.

The Town Planner reminded everyone that this is seen as a sketch plan and discussed this further.

Mr. Ford stated if it is up to 40 units, they can't change the building footprint without returning to the Planning Commission.

Mr. Heinmuller questioned whether the park is part of the PUD? Mr. Hamilton stated that it is approved as part of the subdivision.

The President of the Council asked if there were any other questions for Mr. Stagg. Mr. Stagg stated that the developer, Mr. Chris Atkiss, was also present for questions if desired. The President of the Council asked for audience comments.

Mr. Anthony Harris, 216 South Street, expressed concern over lighting for security. Mr. Stagg discussed the Town of Easton's standard street lighting and parking area lighting which he believes will be ample for safety purposes.

Mr. Mayer discussed the park and stated that this would have to be a dusk to dawn closing time consistent with other town parks.

Mrs. Clem questioned who keeps the park maintenance? The Town Planner stated that the Town of Easton would have to maintain the park. The Town Planner discussed requirements under the subdivision regulations and when common owner ownership would impact matters.

Ms. Rosemary Garrett, 102 S. Aurora Street questioned amenities planned. The Town Planner stated that protections are part of the PUD and discussed that matter. Ms. Garrett questioned the size. Mr. Stagg stated that these would be approximately 3/4 of an acre. The Town Planner discussed the applicable regulations. Mr. Stagg stated that 1.8 acres total would be open space in response to Ms. Garrett's question. The President of the Council asked for other questions. There being none, he closed the Public Hearing at 7:52 P.M.

A memo was received from the Assistant Town Engineer requesting permission to demolish the residential house on the property located at 129 Chapel Road. Mr. Lineberry discussed the property at 129 Chapel Road and the history including the prior estimated cost which indicated the cost to demolish would be cheaper than to refurbish. He discussed the poor shape of the property. The Assistant Town Engineer stated that the Engineer's Office request permission to proceed to help clean up the area and possibly for use as a vehicular entrance to the North Easton Park. He discussed the wetland problem which has arisen related to the other proposed entrance to the North Easton Park. The President of the Council questioned whether this was the access right where the people in the neighborhood were told there would be no vehicular access? Mr. Lineberry stated that this was correct. He stated that a meeting had been scheduled for Thursday, at 6:30 P.M. to discuss this with the residents and that letters had been delivered door to door this afternoon advising the residents of that meeting. The President of the Council discussed people being told whether this would be a permanent vehicular access. Mr. Lineberry discussed requirements of the Corps of Engineers and the additional costs. He discussed proceeding with the permitting process but stated that he did not expect the alternate entrance to be approved prior to the spring which is the target completion date of this park. He stated that it could be six months or three years.

The President of the Council asked for alternatives for ingress and egress. Mr. Lineberry discussed these. The President of the Council asked if there were Council questions.

Mrs. Clem questioned whether the Chapel Road residents had been notified. Mr. Lineberry stated that they had. Also the Chapel Farms president had been notified of the meeting.

The Mayor stated that this matter had been talked about for a couple of years and asked if the Council could make a decision to at least tear the house down. Mrs. Clem discussed looking at a dilapidated house. Even when she was on the County Council, she discussed the unsafe nature of the house, etcetera, and moved that the house be demolished. Mr. Ford questioned whether the recommendation was still to demolish the house regardless of the entrance aspect. The President of the Council suggested that the Council come to a consensus so it does not defeat the reason for the meeting on Thursday. Mr. Lineberry stated that he feels that the house should be demolished and that the matter could be postponed until after the meeting.

Mr. Ford made a second to Mrs. Clem's motion to demolish the house. The motion passed three to two to demolish the house.

Mr. Mayer discussed the house issue. Mr. Heinmuller stated that in rebuttal, the Council wants the same as we require owners of other properties to do. He hopes that citizen advice will be forthcoming in how the property should be used.

The President of the Council brought Resolution No. 5600 to the floor which would authorize the Town Clerk to abate and/or refund taxes due totaling $838.70. Resolution No. 5600 was moved for passage by Mr. Ford, seconded by Mr. Mayer and carried unanimously following a roll call vote.

The President of the Council brought a memo to the floor from the Assistant Town Engineer regarding proposals for a vehicle purchase. Mr. Lineberry discussed the recommendation to award the bid to Elliott Wilson Trucks for a total amount of $69,101.90 utilizing carry forward amounts. The President of the Council questioned whether this was in the budgeted carry over and the arranged budgeted previously. Mr. Lineberry stated that it was and there was sufficient carry over to cover this. Mr. Heinmuller discussed the ability of the trucks to make corners without damage to properties. There being no further discussion, upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, approval was granted to award the vehicle purchase bid to Elliott Wilson Trucks, Inc. for the 1998 flatbed dumptruck with a Grappler Loader.

The President of the Council brought a memo to the floor from the Assistant Town Engineer regarding St. Alban's vicinity STOP signs; primarily the removal of signs at Willis and Sycamore. Mr. Lineberry discussed the STOP signs at Willis. He stated that he discussed the two to three public hearings which were held and the traffic engineers which were brought in. He stated that these were places to attempt to curb speeding and truck traffic. He discussed the sixty day trial period which occurred at the time and the results as well as additional action taken. Mr. Lineberry stated that he thought that volume and speed may not be an issue at this stage. He discussed the request which had been received to remove these signs and suggested tabling this pending public input.

The President of the Council asked for comments.

Mr. Ford stated that we are talking about two three-way STOP signs. He discussed Garden Sycamore and Willis. He discussed the number of stops required currently. Mr. Ford stated that he thought the intent was to discourage speeding and through traffic while minimizing the impact on the neighborhood residents.

Mr. Lineberry discussed the impact of a drainage facility which should help to slow traffic as well.

Mrs. Clem questioned the number of complaints. Mr. Ford stated that he had received four. Mr. Mayer stated that he had received three complaints. Mrs. Clem expressed the concern about a lot of thought and effort being put into a safety action and stated that it was easy to set precedent with scientific data bases.

Mr. Heinmuller discussed the large amount of time and effort spent including a lot of money and the decision reached to use STOP signs to control speed against the advice of a traffic engineer. He stated that he felt this had worked well. He was concerned about the changes and he would like public input.

Mr. Ford stated that the thought is not to remove the deterrent. He believed this might be too much of a good thing being the nature of the complaints. The Town Engineer stated that as he recalls it, this was a protracted process prior to placement of the signs. He stated that he would be the last one to say put something up and then take it down. He discussed the practical reality of the response and stated that he did not think the removal of two signs would significantly make the travel easier on Willis.

Mrs. Clem suggested tabling the matter for two weeks to allow people to write in.

The President of the Council tabled the matter until the first meeting in December.

The Town Engineer asked for Council direction on soliciting comments. The President of the Council suggested using the list previously used of residents and contacting them via letter advising them of the situation.

The President of the Council brought Resolution No. 5601 concerning the Town of Easton Section 457 Deferred Compensation Plan to the floor which would authorize a match under circumstances recommended from the Joint Insurance Committee. The President of the Council asked if there were any questions.

Mr. Ford asked for a brief description. The Town Clerk described the Plan and the history of the proposal. There being no further discussion, upon motion by Mr. Mayer, seconded by Mrs. Clem, Resolution No. 5601 carried unanimously following a roll call vote.

Mr. Jeff Parks was present representing the Easton Volunteer Fire Department, Inc. He discussed the October statistics. Mr. Parks stated that the Christmas lights would be on next week and Santa would be at the Firehouse.

The Town Attorney discussed the proposed lease for the Family Support Center. He discussed the progress of the negotiations. He discussed the terms of the lease and the Town having no financial obligation. He discussed the problems which the Department of General Services has in structuring a lease this way. He discussed a proposed solution which would be to lease the facility to the Family Support Center, Inc., which is a 501-C(3) Corporation under IRS rules from the Town of Easton. He discussed this matter. He discussed the time frame including their need to move. He stated that he believes it is a good solution. He discussed the security involved with the improvements to the property owned by the Town versus any possible funds. In a typical scenario, the Town Attorney stated that the Resolution would authorize execution of essentially the same agreement with the different parties and that the Family Support Center, Inc., would in turn sublease back to the State thereby getting past the problems Department of General Services has with the terms. The Town Attorney stated that his brother, Mr. Stephen Kehoe, Assistant Town Attorney, is on the Board of Directors for the Family Support Center, Inc., and that the two brothers have been involved as well as being law partners. He stated that the Council might want to have the lease reviewed by an outside Attorney if there was any concern.

Mr. Mayer stated that he had no concern over the Kehoe brothers being involved with this and that the money is already in the building and stated that he saw no exposure to the Town.

Mrs. Clem discussed problems when entities such as the Family Support Center have plans to move in and these plans are held up on technical issues. She discussed the ramification on the program and the effect on the youth which need the services. She stated that she believes it is imperative that this matter be moved forward as soon as it could be.

Mr. Mayer stated that he thinks that the state is not used to this type of scenario. Mrs. Clem stated that she believes it would be wise for another law firm to review this to prevent any possible perception of conflict of interest. Mrs. Clem moved to allow the project to move forward to allow the program to move in.

Mr. Willey questioned whether Mr. Heinmuller or Mr. Ford had comments. Mr. Heinmuller stated that a quick review of the documentation appears to have the same agreement essentially intended in the past. Mr. Ford questioned whether the potential review by an independent law firm would hold up the project. The Town Attorney suggested authorizing the execution of the lease subject to the Mayor being satisfied by the review. Mr. Mayer seconded the motion to approve what is now termed Resolution No. 5602 and to allow the program to move in. Resolution No. 5602 passed unanimously following a roll call vote.

The President of the Council stated that a package had been received from Ms. Blenda Armistead which included the re-write of the proposed Talbot County Liquor Laws. He stated that the Public Hearing is scheduled for December 2 at 7:00 P.M. at the local library and asked for comments. Mr. Mayer asked the Town Attorney if he had reviewed this material. The Town Attorney stated that he has read parts of it. Mr. Mayer questioned whether there was anything totally different from what the Town had indicated what they wanted. The Town Attorney stated that it appears as most of the major points that the Town wanted to have incorporated have been.

Mr. Heinmuller discussed the steps and the accommodations made by the County on this legislation. He stated that he was concerned about the extension of hours to 2:00 A.M. and he stated there was still some room for improvement. The Mayor stated that he has problems with the hours particularly on Sunday. He discussed the daily hours as well. Mrs. Clem discussed page six concerning home delivery, page 13 concerning zoning issues and the concern over the Liquor Board Hearings and power. She stated that she would like that looked at.

The Town attorney discussed concerns he understands related to enforcement actions and license holders versus employees. He stated that he will provide specific advice.

Mrs. Clem stated that she would like to have a letter from the Town Council to the Public Hearing.

The President of the Council stated that the Town Clerk will prepare a letter and suggested that discussion of the Talbot County Bill No. 638 would be held for a week to allow additional input.

The Mayor reported that Mr. Larry Davis is setting up a meeting between Easton Celebrations and Tim Bishop. He stated that he hopes that the Easton Celebrations Firework presentation matter could be worked out.

The Mayor stated that he will be in jail at Wal-Mart at 1:00 P.M. on Thursday as a part of Jail Bail. He stated that this is a benefit for the March of Dimes and asked for everyone's support.

Col. Chase reported that the Waterfowl Festival went well with minor complaints. He discussed traffic and residential area parking being the root of most of the complaints received. He stated that he hoped this could be worked out prior to next year. He discussed a request from an association of concerned citizens for a community day on May 16. They requested that Glenwood at West Street be blocked off to Blake Street. He discussed the activities planned and recommended that Council grant approval.

Upon motion by Mr. Ford, seconded by Mr. Mayer and carried, permission was granted.

Col. Chase discussed the request which was received from Grace Lutheran Church for three items. The first concerned a change in the handicapped parking, secondly for a pickup and drop off. He discussed a request for an additional handicap space and the third request was for a space for the pastor to park on Sundays. Col. Chase reported that the Police Board had authorized the two spaces concerning the handicapped. He discussed the problems inherent with the drop off as well as the problems the Police Board have with the pastor space.

The recommendation was made to allow two additional handicap spaces which would be three total handicap spaces for the church. This was made in the form of a motion by Mr. Ford, seconded by Mr. Mayer and carried.

Col. Chase reported that tomorrow, HotSpot visitors would be on site. He stated that he had received information from Baltimore City Police Department concerning video cameras on poles and that he was waiting for additional information from sales representatives concerning this type of activity. Col. Chase reported that Mrs. Clem had received a letter with concerns of speeding and stated that surveys had been conducted . He discussed Officer Miller being injured due to poor lighting at Talbot Village and property maintenance issues. The President of the Council stated he recalled this matter being previously looked at Talbot Village and that the determination was made that these items were the responsibility of the owner to correct. The Town Attorney stated that the owner is responsible for these matters and that the pot holes fall under the property maintenance code. He stated that he will look at this matter and report to the Council at the next meeting.

The Town Engineer stated that he will also check on the Property Maintenance Code and take appropriate action.

Mr. Lineberry discussed Beechwood and the lighting issue there as well as the lack of response from the property owners on the issue. He discussed the responsibility of the developer to place the lighting required.

The President of the Council discussed concerns that other areas within the Town would be requesting these matters if the Town was to authorize proceeding in these scenarios without the owner or the developer being held financially responsible for their responsibilities.

Col. Chase discussed the injuries to Officer Miller in this incident.

The President of the Council questioned whether the Town could require these improvements on a safety basis or put a lien on the property and recoup the money that way.

The Town Attorney discussed this and stated that he will provide a recommendation by the next meeting.

Ms. Rosemary Garrett questioned whether this was Town property. The Town Attorney stated that Talbot Village was not but that a portion of Holly Road would be.

Mr. Carl Reed, 902 Holly Road, discussed lesser cost poles which might be available. The Town Engineer discussed these lesser cost poles and assessing the property owners in this particular case.

Mr. Reed discussed the area being used as a trash dump and a parking area and discussed efforts for a neighborhood patrol. He discussed possible striping and traffic. Mr. Reed stated that these lights are really needed and that there are 105 families in the area.

The Town Planner discussed a contact but not an application on the particular property.

Mr. Heinmuller questioned whether the Police Board minutes were published. Col. Chase stated that they are. He stated that they are provided to the Mayor. Mr. Heinmuller stated that he would like to be included on the mailing list for the Police Board minutes.

The Town Engineer discussed the North Easton Park work proceeding with a spring target. He discussed the South Beechwood storm drain project proceeding.

The Town Engineer discussed the leaf pick up proceeding. He stated that the electric restructuring is well underway. He discussed the Task Force report being due by December 15. The Town Engineer stated that the Maryland Utilities have banded together to offer legislation and discussed this.

As General Manager of the Easton Utilities Commission, Mr. Grunden reported that the November 1 unbundling was dismissed. He stated that Mr. Bill Russell was present as well from the Easton Utilities Cable Department.

Mr. Heinmuller commented on the Cable Department's quick response and service when he called.

Mr. Ford questioned whether the Town owns a leaf vacuum. The Town Engineer reported that we do.

Mr. Lineberry stated that they are attempting to follow the trash route but they are a little bit behind. He discussed the scenario.

The President of the Council discussed the calendar which includes a meeting tomorrow with the County Council. He also stated that a date needs to be set to meet with the auditors. The decision was made to have it on Tuesday, November 25 at 6:30 P.M. at the Town Office Council's Chambers.

The President of the Council asked the Chief of Police to provide a report on Sts. Peter and Paul school. The Chief of Police stated that they have found no violations but that there is some congestion. He stated that he has had officers in the vicinity watching. Mr. Mayer stated that he understands that there is some of the problem during special events and suggested that it be checked.

The President of the Council asked the Chief of Police to continue monitoring the area for two more weeks.

The President of the Council stated that a letter had been received from the Eastern Shore Safety Committee asking the Council's support reducing the blood alcohol legal limit from .1 to .08. He also received an offer from EBMA to assist in the Personal Property Tax deliberations.

The President of the Council discussed a Public Hearing on December 1 which was advertised for 36 units. He stated that the correction should state 64 units total.

The President of the Council asked for audience comments.

The Town Attorney asked for an Executive Session to discuss potential litigation.

Mr. Mayer asked if Mr. Lineberry had looked into Mr. Gannon's problem related to the One Way alley and access to Mr. Gannon's property. Mr. Lineberry stated that it appeared to be the same degree of difficulty entering the garage and he would like to contact Mr. Gannon to discuss this matter in person.

The President of the Council asked that copies of the letters which had been received concerning the Clark industrial park be circulated for the Council.

Mrs. Clem discussed a letter from a Mr. Morgan concerning kennels and questioned the Town Planner when he anticipated this would be looked at. The Town Planner reported that the Planning Commission would look at this on Thursday.

Mr. Heinmuller stated that the Waterfowl Festival was very nice and the Town looked good and that the services were good. He stated that he spent the weekend in the Council room and the exhibitors were pleased with the services provided. He stated that he heard positive comments concerning the police vehicle which was out on the street for use as an emergency response vehicle. Mr. Heinmuller stated that he was looking for the Fire Department effort concerning blue lights on fire hydrants.

The President of the Council stated that the next meeting night, Easton High School Soccer team would be invited to the Council meeting for recognition.

Invoices in the amount of $597,883.95 were moved for approval by Mr. Mayer, seconded by Mr. Ford and carried.

Ms. Rosemary Garrett stated that she was delighted when she heard about the traffic concerns at Chapel and Wrightson. She reminded the Council that 1 2 years ago, she talked about 400 cars per hour on South Street at midnight. She asked the Council to do something about the traffic on South Street.

Ms. Garrett questioned circumstances during the Waterfowl Festival where she heard there were no camping sites in Talbot County.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried unanimously following a roll call vote of the Council, the Council went into Executive Session at 9:21 P.M. to discuss potential litigation.

The President of the Council declared the Executive Session closed at 10:00 P.M.

There being no further business, upon motion by Mr. Ford, seconded by Mr. Mayer and carried, the meeting was adjourned at 10:00 P.M.

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Town Clerk